Short answer: Under the TCPA, a text to a cell phone counts as a call. A marketing text sent with an autodialer needs the person’s prior express written consent, and the FCC’s calling hours, 8 a.m. to 9 p.m. in the person’s time zone, cover marketing texts. A reply such as STOP has to be honored within 10 business days. From November 25, 2026, you can make one way to opt out, such as replying STOP, the only one, if every text says so.
A text is a call under the TCPA
The Telephone Consumer Protection Act (TCPA) is the federal law on calls to phone numbers, and the FCC writes the rules under it. The Supreme Court put it plainly in 2016: “A text message to a cellular telephone, it is undisputed, qualifies as a ‘call’” under the law’s autodialer rule.
So the rules on consent, calling hours and opting out reach the texts your business sends. The rule depends on what the text says and how it was sent, not on the app or the provider you use.
Which consent each text needs
The FCC’s rules split texts in two. A text that advertises or sells, sent with an autodialer, needs prior express written consent. Other autodialed texts to a cell phone, such as appointment reminders or order updates, need prior express consent, which doesn’t have to be in writing.
Written consent is an agreement signed by the person, and an electronic signature counts. It authorizes your business to send them marketing messages at a phone number they give you. The agreement has to say clearly that they are accepting those messages, and that they don’t have to accept them to buy anything.
On a form, that is a separate box for texts, not ticked in advance, next to the consent text. The carriers ask for the same when your provider registers your texting campaign: see what the carriers check in your opt-in. If you aren’t sure whether your platform counts as an autodialer, get written consent for every marketing text.
When you can text, and the Do Not Call list
The FCC’s rules bar telephone solicitations, meaning sales calls and messages, before 8 a.m. or after 9 p.m. in the called person’s local time. They apply that to marketing texts sent to cell phones. The same goes for the National Do Not Call Registry. A number on the registry can’t get your marketing texts unless the person gave you permission or already does business with you.
Some states go further. In Florida, section 501.616 of the state statutes bars commercial sales calls before 8 a.m. or after 8 p.m., and more than three in 24 hours from any number on the same subject.
STOP and other opt-outs, through November 24, 2026
Today a person can withdraw consent in any reasonable way. The FCC’s rule names three ways that always count: an automated opt-out on a call, a reply to your text, or a website or phone number you set up for opt-outs. These reply words count by name: “stop”, “quit”, “end”, “revoke”, “opt out”, “cancel” and “unsubscribe”.
A reply in other words also counts if a reasonable person would take it as asking you to stop.
You have to honor the request within a reasonable time, and no later than 10 business days after you get it. You can send one text to confirm it, with no marketing in it. If that text goes out within five minutes, the FCC presumes it is allowed.
What changes on November 25, 2026
An FCC rule published on October 26, 2026 takes effect on November 25. It changes two things for business texts:
- You can pick one way to opt out. A business can make one of the three ways above its only opt-out channel, for example a reply with a standard word, as long as each text says so clearly. Naming one word, such as “stop”, is enough in the text, but you still have to honor all seven. If you don’t pick one, you keep honoring requests made in any reasonable way.
- Opting out of one kind of informational message doesn’t have to end the rest. If someone opts out of your payment reminders, you can treat it as an opt-out of payment reminders only. You can keep sending the other informational messages they agreed to, such as appointment reminders. This part covers informational messages, not marketing.
The same day, the FCC asked for comments on more changes: less time to honor opt-outs, rules for two-way texting, a way to opt out of everything at once, and how affiliates are treated. Comments are due November 25, 2026, and replies December 28, 2026. None of these is a rule yet.
If you text customers in Florida
Florida has its own telephone solicitation law, section 501.059. For sales texts sent by a system that both selects and dials the numbers automatically, the law requires prior express written consent.
Before suing over sales texts, the person has to reply STOP. The business then has 15 days to stop texting them, and it can send one text to confirm the request.
What a violation can cost
The federal law lets a person sue for their actual losses or $500.00 for each violation, whichever is greater. If the court finds the violation was willful or knowing, it can raise the award up to three times, to $1,500.00. Florida’s law has the same structure: $500.00 or actual damages, and up to three times for a willful or knowing violation.
A checklist for your business texts
- A separate, unticked box for texts on every form, next to the consent text. The carriers ask it to show your business name, the kind of messages, how often, “Msg & data rates may apply”, and how to stop and get help.
- Written consent saved with the date, the form and the phone number for every marketing text.
- Marketing texts only between 8 a.m. and 9 p.m. in the customer’s time zone. In Florida, ask your lawyer whether the 8 p.m. limit for sales calls covers your texts.
- Numbers checked against the National Do Not Call Registry before marketing texts, unless the person gave you permission or already does business with you.
- STOP and the other six words handled automatically, with one confirmation text and no marketing in it.
- Every opt-out processed in 10 business days or less.
- From November 25, 2026: if you pick one way to opt out, say it in every text.
RememberA text is a call under the TCPA. Marketing texts need written consent, go out between 8 a.m. and 9 p.m. local time and respect the Do Not Call list. Honor a STOP within 10 business days. From November 25, 2026, you can make one way to opt out the only one if each text says so.
This guide explains what the rules and laws say. It isn’t legal advice: confirm your case with your lawyer. For how we run consent and the STOP reply in the campaigns we send, see our email and SMS marketing.
Quick answers about texting rules
Does the TCPA apply to text messages?
Yes. The Supreme Court said in 2016 that a text message to a cell phone qualifies as a call under the TCPA’s autodialer rule. The FCC also applies its calling hours and its Do Not Call rules to marketing texts sent to cell phones.
What are the TCPA hours for text messages?
The FCC’s rules bar telephone solicitations before 8 a.m. or after 9 p.m. in the person’s local time, and marketing texts to cell phones are covered. Some states are stricter: Florida’s section 501.616 sets 8 a.m. to 8 p.m. for commercial sales calls.
How long do I have to honor a STOP request?
A reasonable time, and no more than 10 business days after you get it. You can send one text that confirms the opt-out, with no marketing in it. If it goes out within five minutes, the FCC presumes it is allowed.
What changes in the TCPA rules on November 25, 2026?
Two things. A business can make one opt-out method its only one, such as a reply with a standard word, if each text says so. And an opt-out from one kind of informational message, such as payment reminders, can be read as covering only that kind.
Is written consent required for marketing texts?
For marketing texts sent with an autodialer, yes: prior express written consent, signed by the person, and an electronic signature counts. Whether your texting platform counts as an autodialer is a legal question, and written consent covers you either way.
Sources
All read on November 2, 2026. FCC rules: 47 CFR 64.1200 (eCFR, current to October 29, 2026). The FCC rule Enhancing the Ability of Consumers To Control the Robocalls (91 FR 67214, effective November 25, 2026). The FCC proposal Modernizing the Ability of Consumers To Control Robocalls (91 FR 67239). The law: 47 U.S.C. 227. Supreme Court: Campbell-Ewald Co. v. Gomez (2016). Florida Statutes: section 501.059 and section 501.616. Consent text: CTIA Messaging Principles and Best Practices (2023).